Negotiation Law Blog - The Tip of the Ice Berg - Comments http://www.negotiationlawblog.com/ Southern California Arbitration Mediation & Conflict Resolution: Settle it Now Dispute Resolution Services: Serving Los Angeles, Beverly Hills, Century City en Copyright 2012 Fri, 23 Mar 2012 01:10:54 -0800 Fri, 23 Mar 2012 01:10:54 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Paula M. Lawhon Vickie:
Congratulations on creating another great site. Your story made me laugh because I think you did use "mediator magic" to see beyond the surface and to "translate" interests into a settlement. I frequently find myself telling parties and their attorneys that they are the ones who have resolved the case - not me. I just helped them see how close they really were and helped them bridge the gaps in a way they didn't think possible before I came into the picture. Personally, I am a big fan of "mediator magic"!

]]> http://www.negotiationlawblog.com/negotiation/the-tip-of-the-ice-berg/#22004 http://www.negotiationlawblog.com/negotiation/the-tip-of-the-ice-berg/#22004 ConstructionMediationNegotiationNegotiation Strategy and TacticsSettlementSocial Psychology Wed, 08 Nov 2006 18:25:28 -0800 Victoria Pynchon michael webster While I liked the solution very much, I would not explain the result as the use of integrative bargaining theory.

What you did was to reframe the result -consent dismissal- as a win for the client, observing correctly that a guarantee is better than an a expensive and risky shot at recovering attorney fees.

The reframing, by making the sub look like the only winner, was excellent.

But integrative bargaining works when their is a coordinated solution to the bargaining game which requires individuals to coordinate their actions.

]]> http://www.negotiationlawblog.com/negotiation/the-tip-of-the-ice-berg/#22005 http://www.negotiationlawblog.com/negotiation/the-tip-of-the-ice-berg/#22005 ConstructionMediationNegotiationNegotiation Strategy and TacticsSettlementSocial Psychology Wed, 08 Nov 2006 18:25:28 -0800 Victoria Pynchon Vickie Michael,

I guess I was focusing on the development of "mutually beneficial agreements based on the interests of the disputants [such as] needs, desires, concerns, and fears important to each side." Rather than upon the existence of "multiple issues . . . the parties . . . are able . . . trade-off . . . for both sides to be satisfied with the outcome."

I suppose I think of Interest-Based and Integrative Bargaining as synonyms when perhaps they are not?

Thanks as always for your insightful remarks.

Vickie

]]> http://www.negotiationlawblog.com/negotiation/the-tip-of-the-ice-berg/#22006 http://www.negotiationlawblog.com/negotiation/the-tip-of-the-ice-berg/#22006 ConstructionMediationNegotiationNegotiation Strategy and TacticsSettlementSocial Psychology Wed, 08 Nov 2006 18:25:28 -0800 Victoria Pynchon